CIVICUS speaks with Mahad Wasuge, executive director of Somali Public Agenda (SPA), about recent constitutional change and its implications for Somali civil society.
SPA is a non-governmental, non-partisan think tank based in Mogadishu, Somalia’s capital. It focuses on producing independent, high-quality research and analysis on public policy issues in Somalia. Its work encompasses governance, security, economic development, social issues and public service delivery. SPA aims to inform policy decisions and improve the quality of governance and public services through evidence-based research.
What’s the state of civic space, democratic institutions and the rule of law in Somalia?
Civic space in Somalia is not particularly strong. It falls short of standards due to the country’s fragility and the state of its public institutions. Weak public institutions mean civic freedoms are not enforced as they should be. While several civil society organisations (CSOs) focus on governance issues and support dialogue, there are many that are closely aligned with the government and therefore lack a critical approach.
Some CSOs, including SPA, conduct independent analysis and facilitate dialogue between politicians and civil society actors. In Mogadishu and other parts of the country, freedom of speech is generally respected. People can express their views without fear of government retaliation. There are various radio and TV stations in Mogadishu covering national stories.
But the overall quality of civic space is lacking. Institutions that should uphold freedoms face numerous challenges, including lack of funding and limited independence due to political interference.
How have recent constitutional changes impacted on this situation?
The constitutional amendments haven’t had a significant impact yet, as they were only approved on 30 March. Parliament went into two months of recess after approving them, and civil society has so far had little time to work on the amendments made and the related challenges, including around implementation.
The main change is that the president will now be elected by popular vote and will appoint a prime minister, who the president will be able to remove at their discretion. Previously, the president was elected by parliament and the prime minister was approved by parliament after being appointed by the president, and could only be removed through a parliamentary no-confidence motion. The change shifts the system of government from semi-parliamentary to semi-presidential. Some argue that it represents a disruption of the existing power-sharing system, which has been a source of political stability.
The change hasn’t been fully supported by key opposition groups. It has also caused friction with the semi-autonomous state of Puntland. Lack of broad acceptance among key stakeholders will create challenges to implementation. The federal government’s limited authority and Puntland’s effective control over its jurisdiction pose specific implementation challenges. There’s a chance that the constitutional amendments and the current stalemate could lead to political crisis and worsen centre-periphery relations.
How did civil society engage with the constitutional amendment process?
Civil society engaged in several ways. For instance, we organised dialogues and invited the chair of the Independent Constitutional Review and Implementation Commission to a forum so he could explain the process. We invited policymakers involved in the amendment process onto our podcasts and authored papers on the topic. We also participated in a two-day conference organised by the government to gather civil society views on the amendments.
Other CSOs held dialogues. Women’s groups advocated for a 30 per cent parliamentary quota for women, while journalists’ associations focused on freedom of speech and expression.
Many CSOs and activists tried to influence and contribute to the process. The constitution has 15 chapters, with only four amended so far, leaving 11 chapters untouched. These include critical issues such as the devolution of power, the roles of the president, prime minister and cabinet, the judiciary, financial governance and independent commissions. Civil society should play a role in influencing and contributing to these discussions as well.
For the first four chapters of the constitution that were amended and approved recently, changes were made following parliamentary debates and societal input. For instance, it was established that the requested gender quota will be addressed by special legislation. The minimum age for membership in the election management body was reduced from 40 to 35 years, making it more inclusive. It can be challenging to attribute specific changes made to civil society, as similar views may have been expressed in parliamentary debate. However, it's clear that civil society’s advocacy played a key role in shaping the final version of the amendments.
What are the potential consequences of Puntland’s rejection of the constitutional changes?
Puntland’s rejection of the constitutional changes would mean limited legitimacy due to lack of representation from key regions, as is already the case with the breakaway region of Somaliland.
This is why the role of civil society in the upcoming period will be crucial. We have discussed the situation internally at SPA, thinking of how to create a space for dialogue between the federal government and Puntland. We’re trying to facilitate discussions on critical political issues, although we are a non-political CSO and can only create a space for dialogue when stakeholders are willing to sit together and discuss issues.
The present priority should be to engage with key stakeholders, hearing their perspectives and potentially making further amendments, particularly on contentious issues such as power-sharing and elections. Mediation is essential. International actors, notably the United Nations, have been working to bring the federal government and Puntland together for dialogue. Civil society also plays a role in bridging the gap and facilitating communication. A compromise could address key grievances and offer solutions to both parties.
If direct dialogue is not possible, civil society can still share written views and recommendations with the relevant authorities to suggest potential solutions for the rift between the federal government and Puntland. Other member states of Somalia may also oppose the federal government if they disagree with the constitutional amendments, although they have not yet clarified their position on these.
What international support does Somali civil society need to continue playing these roles?
The international community has supported Somali civil society over the years, but broader instability continues posing challenges to civil society. Many civil society actors who could be effective at the societal level have joined the government, partly because the government requires their expertise. Civil society also struggles with funding, a common problem for civic institutions worldwide, as they rely on domestic and international financial support rather than profits.
International actors can help by facilitating interactions among different civil society groups. They could promote dialogue and establish strong relationships between them, enabling these groups to collaborate and advocate collectively for common causes. This type of coordination is currently lacking in Somalia, as many organisations operate independently without joining forces. International organisations could play a key role in fostering these connections and promoting unity among civil society groups.
Civic space in Somalia is rated ‘repressed’ by the CIVICUS Monitor.
Get in touch with Somali Public Agenda through its website and follow @somalipubagenda and @MahadWasuge on X, formerly Twitter.